319ESearch warrant for failure to comply with court order

319E Search warrant for failure to comply with court order

(1) An authorised officer who is appointed by a Council under section 72 of the Domestic Animals Act 1994 may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises) in the municipal district of that Council, if the authorised officer believes on reasonable grounds that a person subject to an order under section 319D is holding a dog on the premises in contravention of that order.

S. 319E(2) amended by No. 6/2018 s. 68(Sch. 2 item 35.3).

(2) If the magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit of the authorised officer, that there are reasonable grounds to believe that a person subject to an order under section 319D is holding a dog on the premises in contravention of that order, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer who is appointed under section 72 of the Domestic Animals Act 1994 by the Council for the municipal district in which the premises is located and who is named in the warrant—

(a) to enter the premises; and

(b) to search for and seize the dog; and

(c) to dispose of the dog in accordance with the directions set out in the warrant.

S. 319F inserted by No. 8/2014 s. 35.